Appealing a Denied SSDI Claim

Let Our Norfolk Team Fight to Get You the Benefits You Need

Finding out that your Social Security Disability Insurance (SSDI) claim
has been denied does not mean that your case is closed. You still have
the option to file for reconsideration or an appeal with the Social Security
Administration. However, time is of the essence. You must file your appeal
in writing within 60 days of the date you receive your denial letter.

The
social security disability lawyers in Norfolk have been helping disabled individuals win the SSDI
benefits they deserve for more than 30 years, and we are here to make
sure your rights are fully protected. Appealing your SSDI claim is a complicated
process, and it is important to have an experienced attorney on your side
every step of the way.

Please call (855) 880-8163 as soon as possible to begin building your appeal.

Why Was My SSDI Claim Denied?

The majority of SSDI claims are denied due to insufficient medical evidence
demonstrating the severity of your disability.

There are several reasons this may occur:

You did not have documentation from the proper specialists

Your medical records did not adequately reflect the severity of your condition

The Social Security Administration did not properly interpret your medical evidence

It is rare that the SSA will dispute that you are suffering from a legitimate
medical condition. However, they may often dispute whether you meet the
legal criteria to qualify as being disabled. Our lawyers will work closely
with your health care professionals to make sure that the medical evidence
presented on your behalf is as compelling as possible.

The Appeals Process

There are four levels of appeal in an SSDI claim:

Reconsideration

Hearing by an administrative law judge

Review by the Appeals Council

Federal court review

Reconsideration is your first stage of appeal. Your claim will be reviewed
in its entirety by a Social Security Administration agent who did not
participate in the initial decision on your claim. You have the opportunity
to present new evidence to the SSA at the time of your initial appeal.
Often, the reconsideration appeal can be conducted without you being present.

If you are still dissatisfied with the decision during reconsideration,
you may request a hearing with an administrative law judge who has not
participated in either the initial decision or the reconsideration. This
hearing will generally take place within 75 miles of your home. Your appearance
at the hearing will significantly increase your approval of Social Security
Disability benefits. Our attorneys will accompany you to the hearing to
advocate on your behalf and question any witnesses you bring.

If your hearing does not go as successfully as you would like, you can
then request a review with the Social Security Appeals Council.

The Appeals Council can decide to:

Deny your review request

Agree to review your case

Return your case to an administrative law judge for additional review

If you disagree with the decision of the Appeals Council or if the council
chooses not to review your claim, you can file a lawsuit in a federal
district court. This would be the final appeal available to you.

Receiving Benefits During Your Appeal

There are certain instances where you can request to continue receiving
SSDI benefits while your appeal is being decided:

You are appealing a decision to discontinue your benefits due to the fact
that your condition no longer qualifies as a disability

You are appealing a decision to reduce your SSI benefits or to withdraw
your eligibility for these benefits altogether

You must notify the Social Security Administration within ten days of receiving
their letter that you would like your benefits to continue during your
appeal. However, if your appeal is denied, you may be required to pay
back the money you received during this time. Our Norfolk social security
lawyers can help you navigate these issues.

Please contact Kalfus & Nachman PC through the form on this page or
call (855) 880-8163 to arrange a free review of your case.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.